Aashi Sharma, Minor Through Her Natural ... vs Union Of India Through It Department Of ... on 18 October, 2022

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Delhi High Court - Orders

Aashi Sharma, Minor Through Her Natural ... vs Union Of India Through It Department Of ... on 18 October, 2022

$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14199/2022 & CM APPL. 43399/2022
AASHI SHARMA, MINOR
THROUGH
HER NATURAL GUARDIAN MR. SAROJ KUMAR ..... Petitioner
Through: Mr. Ayush Sharma and Ms. Soumya
Dhankani, Advocates.
versus
UNION OF INDIA
THROUGH IT DEPARTMENT OF
HIGHER EDUCATION & ORS. ..... Respondents
Through: Mr. Neeraj Sahaj and Mr. Vedansh
Anand, Advocates for R-1/ UOI.
Mr. Apoorv Kurup, Ms. Nidhi Mittal
and Ms. Damini Garg, Advocates for
R-2/ UGC.
Mr. Sanjay Khanna, Standing
Counsel with Ms. Pragya Bhushan,
Mr. Karandeep Singh and Mr.
Tarandeep Singh, Advocates for R-3/
NTA.
Mr. Manish Kumar Saran, Advocate
for R-4/ NCERT.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER

% 18.10.2022

1. The Petitioner - an aspirant of Common University Entrance Test (Under-Graduate)-2022 ["CUET (UG)-2022"] challenged Provisional Answer Keys published by Respondent No. 3 [National Testing Agency - hereinafter "NTA"] in respect of Question ID No. 1103819 [Economics/ Business Economics] and Question ID No. 1103403 [Accountancy/ Book Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 1 of 7 Signing Date:25.10.2022 20:27:07 Keeping] during the window period provided by NTA (vide Public Notice dated 08th September, 2022)1 on deposit of requisite processing fee. Under the impression that her challenge to both the afore-noted questions had been rejected, she has filed the instant petition.

2. Along with the petition, she annexed the Score Card issued by NTA on 16th September, 2022 [Annexure P-3 of the petition - hereinafter "1st Score Card"]. Therein, in respect of aforenoted subjects, her percentile as well as normalized score were mentioned as under: -

Subject Percentile Normalised Score (NTA Score) Code Name Score In Figure In Words 301 Accountancy/ 99.5021645 193.1547400 One Hundered Ninety Three point Book Keeping One Five Four Seven Four Zero Zero Only 309 Economics/ 98.0156344 187.1814900 One Hundred Eighty Seven point Business One Eight One Four Nine Zero Economics Zero Only

3. However, subsequent to filing of the petition, NTA issued a revised Score Card (uploaded/ declared on 16th September, 2022), annexed as Annexure R3/2 to counter-affidavit [hereinafter "Revised Score Card"], relevant portion whereof is extracted as under: -

Subject Percentile Normalised Score (NTA Score) Code Name Score In Figure In Words 301 Accountancy/ 99.5021645 193.1547400 One Hundered Ninety Three point Book Keeping One Five Four Seven Four Zero Zero Only 309 Economics/ 100.0000000 100.0000000 One Hundred point Zero Zero Business Zero Zero Zero Zero Zero Only Economics 1 Titled - 'Display of Provisional Answer Keys, and Question Paper with Recorded Responses for Answer Key Challenge for Common University Entrance Test [CUET (UG) - 2022] - Reg.' Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 2 of 7 Signing Date:25.10.2022 20:27:07

4. It is noticed that percentile score as well as normalised score for Economics/ Business Economics was increased from 98.0156344 (1st Score Card) to 100.0000000 (Revised Score Card). Therefore, insofar as challenge to Question ID No. 1103819 [Economics/ Business Economics] is concerned, it became clear that NTA accepted the same and revised the score of Petitioner. However, there was no clarity qua Question ID No. 1103403 [Accountancy/ Book Keeping]. This also stands resolved in view of NTA's counter-affidavit wherein it has been stated that Petitioner's challenge to Provisional Answer Key for Question ID No. 1103403 had been accepted and percentile of 99.5021645 and normalised score of 193.1547400 was awarded as a consequence thereto. Relevant portion of counter-affidavit reads as under: -

"13. In the present case, the challenge to Answer Key of Question ID No. 1103403 in Accountancy/ Book Keeping was found to be correct and the Final Answer Key was revised accordingly from Option "D" to Option No. "C". As per the record, the Petitioner was awarded 99.5021645 Percentile Score and 193.1547400 Normalized NTA Score in Accountancy/ Book Keeping."

[Bold and italics in original]

5. In view of the above, since Petitioner's scores have been revised/ upgraded and her challenge to Provisional Answer Keys was accepted, her grievance urged in the petition stands redressed and no further directions are necessary, and the writ petition is disposed of.

6. However, in light of the facts that have emerged from NTA's stance, and the averments made in the counter-affidavit, further probe is required on certain aspects which are encapsulated hereinbelow and the proceedings against NTA are continued.

Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 3 of 7 Signing Date:25.10.2022 20:27:07

Re: Display of Final Answer Keys

7. It has emerged that NTA allowed students to challenge the Provisional Answer Keys during a window provided and such challenges were considered by concerned subject-experts and which lead to publishing/ declaration of results. However, NTA failed to publish/ display/ declare the Final Answer Keys which could enable candidates to know the fate of their challenge(s) prior to declaration of the result and the same was admittedly published much later. On this aspect, the relevant provision relating to 'DISPLAY OF ANSWER KEYS FOR CHALLENGES' as provided by NTA in the Information Bulletin of CUET (UG)-2022 [hereinafter "Information Bulletin"], reads as under: -

"10.1. DISPLAY OF ANSWER KEY FOR CHALLENGES xx .. xx .. xx

3. The NTA decision on the challenges shall be final and no further communication will be entertained. NTA will not inform the Candidates individually about the outcome of the challenges made.

4. The subject experts will examine all the challenges received and then a final answer key will be displayed and declared.

5. The result will be compiled based on the final answer key declared. No grievance with regard to answer key(s) after the declaration of result/NTA Score of CUET 2022 will be entertained."

[Bold in original]

8. NTA in its counter-affidavit, has given some explanation in paragraph 18, which reads as under: -

"18. It may be mentioned that 14,90,000 candidates opted for 54,555 unique combination of Subjects in CUET (UG) 2022 and 2219 Question Papers were administered with 50476 Question Papers. That due to the large number of Question papers, combination of subjects and multiple shifts, the Final Answer Keys, as settled by the Subject Experts took considerable amount of time to be uploaded for Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 4 of 7 Signing Date:25.10.2022 20:27:07 information and reference of the candidates. However, subject wise/ slot-wise revised/ final answer keys pertaining to the Subjects opted by the candidate(s) concerned are available on the website viz. https://cuet.samarth.ac.in/index.php/site/login, which can be accessed by them through their respective login ID and password.

The copy of the Final Answer Keys of Economics/ Business Studies and Accountancy/ Book keeping are annexed herewith as Annexure R3/3 (Colly)."

[Emphasis supplied; bold & underscoring in original]

9. The afore-noted submission is not satisfactory. Final Answer Keys, in terms of the Information Bulletin, was to be declared/ displayed at the time of declaration of Result, without which candidates have no basis to know the outcome of challenge(s) raised by them. Like in the instant case, although Petitioner's challenge to Question ID No. 1103403 [Accountancy/ Book Keeping] was found to be correct, she was constrained to approach the Court, unbeknownst of the same, under the impression that the challenges were rejected. NTA was fully aware of the volume of work involved in administering the entrance examination and nature of complexity (combination of subjects) involved. Thus, time constraints cannot be a rationale justification.

Re: Subsequent re-examination by subject-experts on the basis of "representations" received by NTA

10. Another aspect that is troubling the Court is revision of the Score Cards. As per Public Notice dated 08th September, 2022 - window period for raising a challenge to Provisional Answer Keys was from 08th September, 2022 to 10th September, 2022, which entailed deposit of processing fee. Based upon the responses recorded by candidates in CUET Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 5 of 7 Signing Date:25.10.2022 20:27:07 (UG)-2022 and Answer Keys settled by subject experts, the Result were prepared/ declared and the same was uploaded on the Official website of CUET (UG)-2022 - https://cuet.samarth.ac.in/ on 15/16th September, 2022. After expiry of timelines in the Public Notice, NTA could not have received any further challenges and certainly, after declaration of Final Results/ Score Cards, no fresh consideration by subject experts is contemplated. In fact, sub-clause (5) of Clause 10.1 of the Information Bulletin, extracted above, provides "...No grievance with regard to answer key(s) after the declaration of result/NTA Score of CUET 2022 will be entertained." In the instant case, noticing that revision was done after preparation of NTA Score Cards, NTA's explanation was sought, to which, in paragraph 15 of the counter- affidavit, it is averred as under: -

"15. It may also be mentioned that NTA received representations from various candidates challenging the Answer Keys. Keeping in view the interest of the candidates, the Answer Keys challenged were re- examined by the concerned Subject Experts."

11. The above explanation gives no cogent reasoning that led to NTA entertaining fresh representations, after the closure of challenge window. The only justification forthcoming is that the exercise was done keeping "in view of the interest of the candidates". This lone averment is unconvincing and in fact, contrary to provisions of the Information Bulletin and concept of finality in examination system.

12. Additionally, it must also be noted that no indication/ intimation was given to candidates inviting fresh representations. In the present matter, Petitioner's challenge to Question ID No. 1103819 [Economics/ Business Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 6 of 7 Signing Date:25.10.2022 20:27:07 Economics] was rejected by "subject experts". However, subsequently, subject experts accepted the challenge on representations received by them. In this age of competition where each mark is critical for the purpose of securing admissions, the manner in which NTA has proceeded, raises many questions in the mind of the Court and therefore, on the above aspects NTA is directed to file an additional affidavit within three weeks from today.

13. Re-notify on 06th December, 2022 for consideration of the afore-noted issues.

14. The instant petition, as already observed above, stands disposed of.

SANJEEV NARULA, J OCTOBER 18, 2022 as (Corrected and released on: 25th October, 2022) Signature Not Verified Digitally Signed By:AKANSHA SINGH W.P.(C) 14199/2022 Page 7 of 7 Signing Date:25.10.2022 20:27:07

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Delhi High Court - Orders